ERC Specialists, LLC v. Fraud.net, Inc.

Filing 4

ORDER: IT IS HEREBY ORDERED that by no later than Monday, October 28, 2024, Plaintiff must file an amended complaint that cures the deficiencies described herein or the complaint will be dismissed without prejudice for lack of subject matter jurisdiction. SO ORDERED. ( Amended Pleadings due by 10/28/2024.) (Signed by Judge Valerie E. Caproni on 10/23/2024) (tg)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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ERC SPECIALISTS, LLC,
:
:
Plaintiff,
:
-against:
:
:
FRAUD.NET, INC.,
:
:
Defendant. :
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USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 10/23/24

24-cv-8044 (VEC)
ORDER

VALERIE CAPRONI, United States District Judge:
WHEREAS on October 23, 2024, Plaintiff filed its Complaint, Compl., Dkt. 1;
WHEREAS Plaintiff alleges that this Court’s subject matter jurisdiction in this matter is
premised on diversity, id. ¶ 4;
WHEREAS “a limited liability company has the citizenship of its members,” see JeanLouis v. Carrington Mortg. Servs., LLC, 849 F. App’x 296, 298 (2d Cir. 2021);
WHEREAS a complaint premised upon diversity of citizenship must allege the
citizenship of natural persons who are members of an LLC and the place of incorporation and
principal place of business of any corporate entities that are members of the LLC (including the
citizenship of any members of the LLC that are themselves LLCs), see Handelsman v. Bedford
Vill. Assocs. L.P., 213 F.3d 48, 51–52 (2d Cir. 2000); see also, e.g., In re Bank of Am. Corp.
Sec., Derivatives, and ERISA Litig., 757 F. Supp. 2d 260, 334 n.17 (S.D.N.Y. 2010);
WHEREAS the Complaint alleges that Plaintiff ERC Specialists, LLC is a limited
liability company that has its principal place of business in Orem, Utah, see Compl. ¶ 6; and
WHEREAS the Complaint makes no allegations as to the place of Plaintiff’s
incorporation; the place of incorporation and principal place of business of any corporate entities

that are members of Plaintiff; or the citizenship of any natural persons who are members of
Plaintiff, if any;
IT IS HEREBY ORDERED that by no later than Monday, October 28, 2024, Plaintiff
must file an amended complaint that cures the deficiencies described herein or the complaint will
be dismissed without prejudice for lack of subject matter jurisdiction.

SO ORDERED.
________________________
VALERIE CAPRONI
United States District Judge

Date: October 23, 2024
New York, New York

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